Labour User Guidance for Basic Public Register Checks and Formal 'Active Check'
From the 1st December 2006, it will be an offence for a labour user to use an unlicensed labour provider (Gangmaster). This applies to the sectors regulated by the Gangmasters Licensing Authority (Gangamsaters and Labour Abuse Authority since 2017) which are agriculture and food processing and packing with the exception of Shellfish gathering.
To help labour users check that the labour provider they obtain workers from is licensed we offer two types of checking facilities.
The basic check
This is a simple check of the public register found at www.gla.gov.uk where a time and date stamped record can be printed. Alternatively call the GLAA helpdesk on 0845 602 5020.
The active check
The active check process has been designed to enable labour users to check a labour provider is licensed and to obtain written evidence that a check was made. This service can be accessed via the GLA website and the government gateway or over the phone where a licensing administrator will provide the service.
The active check process goes further than the basic public register check. The active check will produce a record of the record checked, and who has made the check. Once a labour user has registered an active check in a specific labour provider the GLA will update the labour user if the status of the labour provider changes.
You should be aware that the labour provider will be notified when an active check has been made against their licence record. This has been implemented to ensure transparency for all parties during the active check process.
How do I do a basic check?
Firstly, check the GLAA public register at www.gla.gov.uk to see if your labour provider(s) are licensed. The public register offers many search facilities:
- you can search by the county and country the labour provider operates in or supplies workers to
- a search can be made on the labour providers business name either by selecting the first letter of their business name or typing the name into the “business name contains” box
We advise that you use one search criteria at a time to ensure the search engine can use the information you provide effectively.
When you find the online entry on the public register for the labour provider you were looking for, click on the view option (the magnifying glass) to reveal a detailed record of the labour provider. This record has a time and date stamp in the bottom right hand corner. Keep a copy of the online register entry for your records by saving it to your PC or printing a copy.
If you contacted the GLAA by phone, keep a copy of the information sent to you confirming your labour provider is licensed.
If you cannot find the labour provider you are looking for or have any doubts at any time as to whether the labour provider is licensed you should contact the GLAA for confirmation. If the labour provider you are using isn’t licensed then you must stop using them or you may face prosecution.
If the view option does not reveal the detailed record this may be because you have a ‘pop up’ blocker installed on your PC. On many operating systems this can be temporarily switched off.
For full guidance on the minimum checks you are advised to make to establish that a labour provider is licensed please see the Defra reasonable steps guidance.
What are the advantages of making an active check?
If you register an interest in a labour provider through the GLA ‘Active check’ process, the GLAA will have a record that you have made a check and will be able to inform you of any change to the status of this labour provider.
By registering your interest with one or more labour providers via the active check, we will let you know if:
- the labour providers licence is revoked
- they cease trading
- material changes are made to the licence such as a change of licence holder,
- individuals named on the licence who are permitted to negotiate on behalf of the licence holder are changed
- they have been granted or refused a licence if they are currently undergoing the application process
How to make an ‘Active Check’
On-line active checks can be made at any time. You will need to select the active check option from the public register. You will then be asked to register with the government gate way which is our way of helping you obtain a user id and password.
To obtain your user ID and password you will be asked to complete two forms. The first form will register you with the gateway and the second will allow you to nominate a password.
Once the second form is completed the system will automatically generate a user ID. When you have your user ID and password they can be used to access the system each time you would like to make an active check. Please keep you user ID and password safe and do not let anyone else have access to them.
Enter your user ID and password and you will be given access to the active check facility. You will be required to give your contact details. Please ensure these details are accurate or you may not receive any information updates (NB: if your details change in the future – e.g. your email address – you will need to re-register your interest to ensure updates are sent to the correct email address). You should then complete the next 3 simple steps to ensure the labour provider you are using is licensed.
Step 1
Enter the Unique Reference Number (URN) of the labour provider.
If you do not know the URN, there is an option to search the public register or contact your labour provider who will be able to advise you of their number.
The screen shot below shows step 1 of the active check.
Step 2
Check the details of the labour provider.
The address of the labour provider head office will be displayed. If this is the labour provider you were looking for click yes or if not click no. If your answer is no we advise you to double check the URN for accuracy. If you still can not find the labour provider contact the GLA before discontinuing the contract with the labour provider.
Below is an example of the screen used in step 2.
Step 3
Check the name of the person you are dealing with.
Below is an example of this screen used in step 3.
All people authorised to supply workers to labour users should be named on the licence. If they are shown you can tick the box next to their name and click proceed.
If they are not shown you should click on the box next to the statement “If the person(s) you have dealt with are not on this list please check this box”.
Next contact your labour provider to report that you can not use the workers until the person you are dealing with is named on the licence.
There is an opportunity to let the GLAA know who you have been dealing with or any other information you would like to pass on to our intelligence team at this point in the process. Use the free text box to add the information and click continue. The information you give will be used to aid our compliance and enforcement activities.
The screen shot below shows the screen with advice on what to do next and the free text box you can use to provide the GLAA with extra information.
Results
The results will be displayed on screen and emailed to you. If your active check has been unsuccessful please contact the GLA for advice. If your active check has been successful you will be kept informed of any changes as long as we have up to date contact details for you. If your contact details change please inform us as soon as possible.
Below is an example on the screen displayed when an active check has been successful.
Active Checks by phone
You can make an active check by phone by calling 0845 602 5020.
You will be required to give your contact details and we will then talk you through steps 1 to 3. The results will be sent to you and you will be updated when necessary.
Frequency of Checks
If you have an arrangement with a labour provider which continues for more than 3 months, you should:
- check the GLAA register at 3 monthly intervals and keep a copy.
OR
register an interest in the labour provider with whom the agreement has been made, through the GLAA “Active Check Service”.
Make sure that contractual arrangements are made only with a licensed business through an authorised person or post holder.
Other useful information
Defra reasonable steps guidance
GLAA Labour User Brochure